Attorneys spent just about as much time in private sidebars with the judge in the retrial of Shayna Hubers Monday afternoon as they did hearing testimony from an investigator.

Jurors returned from the weekend to hear from Highland Heights detective-turned Police Chief Bill Birkenhauer, called by the prosecution, on Hubers' habits before she killed Ryan Poston.

Testimony from the chief ended after a series of eight sidebars to discuss objections from the defense. Prosecutor Michelle Snodgrass asked Birkenhauer what frustrations he saw in text and social media messages.

Defense objections prevented Birkenhauer from answering.

Cross-examination by Hubers' attorneys focused on the on-and-off nature of Hubers' relationship with Poston that started on Facebook.

Hubers and Poston dated off and on for a year and a half. Prosecutors say Hubers shot Poston in his Highland Heights condominium in 2012 because he wanted to end the relationship. She said she shot him in self-defense.

Hubers was found guilty of murdering 29-year-old Poston in 2015 but was granted a retrial after her attorney discovered a juror in the first trial had a prior felony conviction.

Birkenhauer read June 2011 texts from Poston to Hubers saying he was miserable and unable to love anyone. Poston texted Hubers that she would be better off without him.

Photos found on Hubers' phone were the subject of questions throughout the day. A photo of former Miss Ohio Audrey Bolton, who Poston friended on Facebook, was found in a deleted data section of Hubers' phone. The defense argued the photos may have been pushed to Hubers' phone data by Facebook.

Near the end of Birkenhauer's testimony, he read an Aug. 25, 2012 text from Poston to Hubers for the prosecution.

Poston said someone sent him photos of Hubers with a guy in Lexington when she was supposed to be in Indianapolis.

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"You need a lot more validation and affection from men than I can give," Poston told her.

Earlier in the morning, Birkenhauer testified that Hubers logged onto Poston's Facebook and blocked women. He also said for every one text message Poston sent to Hubers during breakups, she sent about 100.

The chief told prosecutors Poston's phone messages to others described what Hubers did whenever they broke up.

"She dresses up, looking pretty, and she just shows up," Birkenhauer said as he read messages of Poston's. "She doesn't leave."

Birkenhauer said Poston wrote he ended up taking her back because he "felt bad."

CLOSE

On Day 4 of testimony in the retrial of Shayna Hubers, Ryan Poston's father took the stand.
Sarah Brookbank, sbrookbank@enquirer.com

Prank text messages

Birkenhauer described a series of harassing text messages Poston received from a phone number that was not in his contacts.

The phone number was, however, in Hubers' phone contacts as that of a female friend she lived with, the chief said.

"Lose the beer gut and get better at your job," was one of the messages read by the Birkenhauer.

The messages continued with insults about his ability to do his job as a lawyer. Another text mentioned his sexual prowess.

Birkhenhauer said a text message found in Hubers' phone included screenshots of the beer gut texts.

"I texted Ryan this from friend's phone," said the text in Hubers' phone. "Check it out."

Hubers did internet searches on a woman Poston friended on Facebook in January 2012, said the chief. Somehow the woman and Hubers were also Facebook friends. Poston and the woman eventually agreed to meet up for a date.

Prosecutor: It was 'misinformation'

Birkenhauer said what Hubers told Poston she was doing didn't match up with what investigators found she was actually doing on multiple occasions.

On Oct. 12, 2012, the same the day Poston was found shot, Hubers texted Poston about her health.

Hubers told Poston she was sick with a racing heart. She said her mother came up and they were going to the hospital, Birkenhauer said. Hubers told Poston a doctor was putting her on medication for her heart.

The chief said Hubers did meet her mother for a meal at Bob Evans. They went shopping at Dillard's in Kenwood later. At the same time, searches on Hubers' phone were about symptoms for hypertension and what medications are prescribed for left ventricular hypertrophy – a thickening of the heart muscle, said the chief.

"She did not go to the doctor," Birkhenhauer said.

Texts playing a central role

The prosecution is expected to rest its case late this week and lead defense attorney David Eldridge present his. The case is expected to last until Aug. 28.

On Friday, the jury heard from Jay Poston, Ryan's father. Poston told the jury that his son came over that night because Hubers would not leave the condo. He told his father it was easier that way.

"Throughout the entire night all I heard, over and over and over again, was the pinging of his phone with text messages. All night long," Poston testified.

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Shayna Hubers, 27, talks to Zachary Walden, one of her attorneys, at the beginning of the third day of testimony Thursday, August 16, 2018 at the Campbell County Courthouse in Newport, Ky. The Enquirer/Meg Vogel

Matthew Trzaskus, a former forensic scientist for the Commonwealth of Kentucky, holds the shirt that Shayna Hubers was wearing the night Ryan Poston was shot and killed in his Highland Heights condo. The Enquirer/Meg Vogel

David Clem, a forensic scientist specialist for the Commonwealth of Kentucky, testifies in Shayna Hubers' second murder trial on the third day of testimony Thursday, August 16, 2018. The Enquirer/Meg Vogel